Terms of service

TERMS OF SERVICE

Legal & Conditions of Use

IMPORTANT! PLEASE READ CAREFULLY BEFORE USING THIS SITE. Your use of this site and the information available on this site is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this site.

YOU MUST BE AT LEAST 21 YEARS OR OLDER TO ENTER AND PURCHASE FROM BATKOUNTRY.COM. IF YOU ARE UNDER THIS AGE, PLEASE EXIT THIS SITE NOW.
All products and items on this website are intended for legal use only and may not be used, or discussed in a manner that is illegal in any way. No other use for these items in any way is either intended or condoned. It is illegal to use drug paraphernalia slang when referring to one of our tobacco pipes, glass art pieces, or accessories in certain states. It is the responsibility of the consumer to know your local, state and country’s regulations regarding any of these items as well as the minimum age requirements to use this site. Use of these products is entirely at the risk and discretion of the user and Bat Kountry will not be responsible for any use or misuse of the products sold herein. You are agreeing to release and discharge all involved in the production and maintenance of this website from any and all liabilities.

This site is available only for your personal, non-commercial use. You may not copy, republish, repost, post, distribute, transmit, or modify in any way any part of this site.
This website is operated by Bat Kountry, a California company in the United States. Throughout the site, the terms “we”, “us” and “our” refer to Bat Kountry. Bat Kountry offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Bat Kountry makes no representation that the information and materials contained on this website are appropriate or available for use in any other locations. Everything in this site, including, without limitation, images, photos, texts, and video, are owned by Bat Kountry, and has been created for your information, education, and communication. The company logo, images, name and trademarks are the property of Bat Kountry. None of the material may be used for any purpose without prior written consent and approval from Bat Kountry.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. All material and communications including unsolicited ideas, suggestions, information or materials you send to this site by electronic mail or mail will remain the sole and exclusive property of Bat Kountry and may be used by the company for any purpose whatsoever, commercial or otherwise, without any prior notice or compensation.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Any person is prohibited from using the site or its content for any unlawful purpose. You may not use the site to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances or to infringe upon or violate our intellectual property rights or the intellectual property rights of others. You may not use this site or the information on this site to harass, abuse, harm, insult, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. You may not use this site to upload or transmit viruses or any other type of malicious code that may or will be used in any way that will affect the functionality or operation of the site or the service that it provides or of any related website, other websites, or on the Internet. Bat Kountry reserves the right to terminate any persons use of the site or any related website of the company’s for violating any of the prohibited uses.

Bat Kountry is not responsible if information made available on this site is not accurate, complete or correct. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without research, consulting more accurate and complete sources of information. Any reliance on the material on this site is at your own risk. Bat Kountry may be linked to other sites or mentioned on other platforms that Bat Kountry has not, directly or indirectly, given approval, association, or affiliation with the other linked site, unless specifically stated by Bat Kountry therein. Bat Kountry is not responsible for the content of any off-site information, pages, photos, or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Bat Kountry reserves the right to correct any errors, inaccuracies, typographical errors, or omissions that may relate to our product descriptions, pricing, offers, promotions, shipping charges, and availability, and to change or update information on any inaccurate mistakes on the website at any time without prior notice. Bat Kountry makes no representation or warranties regarding the accuracy, reliability, or completeness of the context of this site. Bat Kountry does not warrant that this site is free of all viruses. Your continued usage of the site means you understand and agree to the risk and agree to any changes to the site and you accept those changes.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. (https://batkountry.com/pages/return-refund-policy)

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Your submission of personal information through the store is governed by our Privacy Policy. (https://batkountry.com/policies/privacy-policy) To view our Privacy Policy. Bat Kountry does not offer shipping of any kind to third parties as gifts or otherwise. Bat Kountry is only able to ship our product(s) to those who have purchased it and have agreed to all our terms and conditions.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Bat Kountry, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Bat Kountry and our owner, parent, subsidiaries, affiliates, partners, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, staff and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third-party. IN NO CASE SHALL BAT KOUNTRY, OUR OWNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, REPLACEMENT COSTS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THIS WEBSITE OR ANY OF OUR PRODUCTS PROCURED FROM THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITEOR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BAT KOUNTRY AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, AND STAFF WILL NOT BE HELD LIABLE FOR ANY ILLEGAL ACTIVITY, LEGAL RECOURSE, OR LAWYER’S FEES RESULTING FROM THE PURCHASE AND/OR USE OF ANY OF OUR PRODUCTS OR INFORMATION PRESENTED ON THE SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

In the event that any of these Terms of Service is determined to be unlawful or unenforceable, such provision shall then be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall then be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforce-ability of any other remaining provisions.
All laws governed by and construed in accordance with the California laws. Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site including the purchase of products from the site shall be in the state or federal courts located in Los Angeles, California. Any cause of action or claim you may have with respect to the site must be commenced within one year after the claim or cause of action arises. Bat Kountry’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Bat Kountry may assign its rights and duties under this Agreement to any party at any time without notice to you.
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at info@batkountry.com.